Martinez v. State

Ricardo Martinez appeals from his conviction and sentence for improper exhibition of weapon pursuant to section 790.10, Florida Statutes (2009). We affirm.

Martinez was initially charged with aggravated assault with a weapon following an incident in which he pulled a gun on Moisés Godoy, who was walking his dog on a leash near an elementary school. Martinez was at the school to pick up his young daughters; he asserted that he retrieved his gun to protect his daughters, who he believed were being threatened by Godo/s dog. The jury convicted Martinez of the lesser included offense of improper…